International Human Rights Law
The international human rights law refers to an international body of law that is designed to protect and promote human rights at different levels including domestic, regional and international level. Just like any other international law, the international human rights law comprises of agreements and treaties between states. These agreements and treaties are intended to make binding legal impact between parties that are members to them.
Communalism was the base of organization in the primitive societies. However, when states emerged the organization and power distribution became based on the law. Demand for rights and what these rights are made of grew which led to the development of the human rights law.
In human rights evolution, state emergence was a crucial development. This is because most rights are centered on the state. The state bears the duties in regards to individual persons who depend in the state for protection of their human rights. When these rights are violated, individuals are allowed to claim against the state.
Human rights law offers mechanisms and tools that enhance realization of claims and protections of human rights. Customary international law refers to the rules that are derived from consistent conduct of different states that act out of believe that they are required by the law to act in that manner. There are other instruments of the international human rights that contribute to their understanding, implementation and development although they are not legally binding. These are recognized and considered as a political obligation source.
International human rights law can be enforced at international, regional or domestic level. Once a state ratify human rights agreements or treaties it commits itself to respecting them and ensuring that it has a domestic law that is compatible with the international legislation. If the domestic law does not offer remedy to abuses of human rights, the parties in a conflict can seek international or regional mechanisms that will enforce the human rights law.
It is important to note that although the international human rights law is related to international humanitarian law, the two are distinct. Substantive norms contained in these two laws are related or similar. For instance, the two laws offer protection to individuals against torture. However, they differ in that they have discrete frameworks that regulate them and they usually operate in varying contexts. Additionally, the two laws regulate varying relationships.
In general, human rights are considered as a regulation between individuals and states relationship in the ordinary life context.
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Originally posted 2015-06-29 10:08:25.
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